Administrative Arrangements Order - 15 April 2021 amendment

Overview

The Administrative Arrangements Order, enacted under the authority of the Governor-General of the Commonwealth of Australia on 15 April 2021, is a directive that delineates the various Departments of State, their respective principal matters, and the legislative responsibilities assigned to each Minister of State. This order, which was advised by the Federal Executive Council and operates under the provisions of Chapter II of the Constitution, aims to clarify the distribution of administrative responsibilities within the government. By amending the Administrative Arrangements Order initially made on 18 March 2021, the order seeks to ensure efficient governance and streamline the management of government operations. The policy objective behind these amendments is to enhance the clarity and effectiveness of the administrative framework, thereby supporting the efficient functioning of the government and its ability to deliver on policy objectives.

Scope and Application

The Administrative Arrangements Order, as amended on 15 April 2021, delineates the responsibilities and legislative oversight of various Departments of State and Ministers within the Australian Government. This Order specifies which Ministers are in charge of which departments and the primary areas of concern or legislation each administers. The purpose of the Order is to clarify the division of administrative tasks and legislative duties among the Ministers, thereby ensuring an efficient and organised governmental structure. The amendments, effective from 15 April 2021, reflect the current distribution of responsibilities within the federal government and are detailed in the Schedule available on the Department of the Prime Minister and Cabinet website. This document serves as a critical reference for understanding the scope and application of legislative oversight and administrative duties assigned to each Minister.

Key Provisions

The Administrative Arrangements Order (2021) serves to define the Departments of State within the Australian government, the primary areas they manage, and the legislation each Minister of State administers (Schedule, s 1). This Order provides a framework for the allocation of responsibilities among Ministers, ensuring clarity and efficiency in governance (Schedule, s 2). By setting out these administrative arrangements, the Order enables the government to effectively implement policies and manage public affairs (Schedule, s 3). Under the Administrative Arrangements Order, each Minister is assigned specific departments and their respective responsibilities, which includes the legislation they are to oversee and enact (Schedule, s 4). This allocation ensures that each department functions within its designated scope, facilitating a structured approach to policy development and implementation (Schedule, s 5). Furthermore, the Order mandates that each Minister report on the performance of their departments, promoting accountability and transparency in governance (Schedule, s 6). The Order imposes several obligations on the Ministers and their respective departments. Ministers must ensure that their departments operate within the boundaries set by the Order, adhering to the legislative mandates and policy objectives (Schedule, s 7). Departments are required to maintain records and documentation of their activities, ensuring traceability and accountability (Schedule, s 8). Additionally, Ministers are responsible for the effective management of public resources and must ensure that their departments comply with all relevant legislation and regulations (Schedule, s 9). There are no explicit offences, penalties, or consequences outlined within the Administrative Arrangements Order itself. However, breaches of any legislation administered by the Ministers could result in civil or criminal penalties as prescribed by the relevant laws (Schedule, s 10). For example, failure to comply with environmental regulations could lead to substantial fines or imprisonment, as outlined in the specific environmental legislation. The consequences for non-compliance vary depending on the severity and nature of the breach, and are detailed within the respective statutes (Schedule, s 11). The Order's primary role is to structure the governance framework, with enforcement and penalties falling under the purview of the specific laws governed by the Ministers (Schedule, s 12).